# Finance (No. 2) Act 2023, Paragraph 11: Power of HMRC to collect overpaid R&D tax relief or expenditure credit

Extent: E+W+S+N.I.

In paragraph 52 (recovery of excessive repayments etc)—
(a) in sub-paragraph (2) omit paragraphs (bza) and (ba);
(b) for sub-paragraph (2A) substitute—
“(2A) The provisions of paragraphs 41 and 45 to 48 relating to discovery assessments apply to an amount paid to a company by way of—
(a) first-year tax credit under Schedule A1 to the Capital Allowances Act;
(b) R&D expenditure credit under Chapter 6A of Part 3 of the Corporation Tax Act 2009;
(c) R&D tax credit under Chapter 2 or 7 of Part 13 of that Act,
but only to the extent that the company was not, or is no longer, entitled to the credit.”

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Source: https://www.legislation.gov.uk/ukpga/2023/30/schedule/1/paragraph/11 (the official version)
Page: https://openlegislation.uk/finance-no-2-act-2023/schedule-1/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.